Section 19 of The Protection of Plant Varieties and Farmers Rights Act, 2001
- (1)Every applicant shall, along with the application for registration made under this Act, make available to the Registrar such quantity of seed of a variety for registration of which such application is made, for the purpose of conducting tests to evaluate whether seed of such variety along with parental material conform to the standards as may be specified by regulations: Provided that the Registrar or any person or test centre to whom such seed has been sent for conducting test shall keep such seed during his or its possession in such manner and in such condition that its viability and quality shall remain unaltered.
- (2)The applicant shall deposit such fees as may be prescribed for conducting tests referred to in sub-section (1).
- (3)The tests referred to in sub-section (1) shall be conducted in such manner and by such method as may be prescribed.
Summary
- This section requires applicants to provide a specified amount of seeds and parental material to the Registrar for scientific testing.
- It states that these tests are designed to evaluate whether the seeds and their parental material meet the official quality and botanical standards.
- It imposes a duty of care on the Registrar, testing centres, and handlers to store the seeds in conditions that preserve their viability, meaning their ability to survive and grow, and overall quality.
- It mandates that the applicant must pay a prescribed fee to cover the costs of these scientific tests.
- It dictates that the tests must be conducted using the specific methods and procedures laid down by the rules.
Practical examples
FAQ
1. Why must seeds be provided to the Registrar under Section 19 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 19 of the Protection of Plant Varieties and Farmers Rights Act, 2001, seeds must be provided so that official tests can be conducted to evaluate whether they and their parental material conform to specified standards.
2. Who pays for the testing of the variety under Section 19 of the plant variety protection law?
Under Section 19 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the applicant is required to deposit the prescribed fees for conducting the tests.
3. What is the responsibility of a test centre holding the seeds under Section 19 of this Act?
Under Section 19 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the testing centre or any person in possession of the seeds must keep them in a manner and condition that ensures their viability and quality remain unchanged.
Test yourself
Q1.Under Section 19 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what must an applicant provide along with their application for registration?
Q2.Under Section 19 of the Protection of Plant Varieties and Farmers Rights Act, 2001, who is responsible for paying the fees for conducting the variety tests?
Q3.Under Section 19 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what duty is placed on the Registrar or test centres regarding the provided seed?
Q4.Under Section 19 and Section 18 of the Protection of Plant Varieties and Farmers Rights Act, 2001, if a farmer registers a "farmers' variety," how do the testing requirements apply compared to the standard application?